Legal Definitions - Nolo contendere

Nolo contendere

In legal terms, nolo contendere means "no contest." It is a type of plea a defendant can enter in a criminal court case. When a defendant pleads nolo contendere, they are not explicitly admitting guilt, nor are they denying the charges. Instead, they are essentially telling the court that they will not dispute the charges and agree to accept the punishment as if they were found guilty or had pleaded guilty.

The primary reason a defendant might choose this plea, and its key distinction from a guilty plea, is its effect on potential future civil lawsuits. A plea of nolo contendere generally cannot be used as an admission of guilt against the defendant in a separate civil case related to the same incident. This can be a significant advantage if there's a risk of being sued for damages by a victim.

It's important to note that a court must approve a nolo contendere plea, and not all jurisdictions allow it.

• Example 1: Traffic Accident and Civil Lawsuit

  Imagine a driver, Sarah, is involved in a car accident where she is cited for reckless driving, a criminal offense. The other driver, Mark, suffers injuries and plans to sue Sarah for medical expenses and vehicle damage in a civil court. If Sarah pleads guilty to reckless driving, Mark could use that guilty plea as strong evidence of her fault in his civil lawsuit. However, if Sarah enters a plea of nolo contendere to the reckless driving charge, she accepts the criminal penalties (like a fine or license points), but her "no contest" plea cannot be automatically used by Mark as proof of her negligence in the separate civil case. This forces Mark to present independent evidence of Sarah's fault in the civil trial.

• Example 2: Minor Altercation and Victim Compensation

  Consider David, who is charged with misdemeanor assault after a minor physical altercation. The person he assaulted, Emily, incurs some medical bills and wants to seek compensation from David. If David pleads guilty to the assault, Emily could easily use that admission of guilt to support her claim for damages in a civil lawsuit. Instead, David's attorney advises him to plead nolo contendere. David accepts the criminal punishment (e.g., probation, anger management classes), but this plea cannot be presented in Emily's civil lawsuit as an admission that he is responsible for her injuries, making it harder for her to win without additional evidence.

• Example 3: Business Regulatory Violation

  A small manufacturing company, "Eco-Fab Inc.," is charged with a criminal violation for a minor environmental regulation breach, which carries a significant fine. Simultaneously, a local environmental group is considering filing a civil lawsuit against Eco-Fab Inc. for damages to the local ecosystem. If Eco-Fab Inc. pleads guilty to the criminal charge, that admission could be used against them in the civil lawsuit as proof of their wrongdoing. By pleading nolo contendere, Eco-Fab Inc. agrees to pay the criminal fine and accept any other penalties, but this plea cannot be used by the environmental group as an automatic admission of liability in their separate civil action, potentially limiting the company's exposure to further damages.